Omana vs The Primary Co-Operative ...

Citation : 2022 Latest Caselaw 5221 Ker
Judgement Date : 13 May, 2022

Kerala High Court
Omana vs The Primary Co-Operative ... on 13 May, 2022
                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                     THE HONOURABLE MR.JUSTICE V.G.ARUN
                                     &
                 THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
           Friday, the 13th day of May 2022 / 23rd Vaisakha, 1944
                             WA NO. 583 OF 2022

    AGAINST JUDGMENT DATED 20.01.2022 IN WP(C) 2201/2021 OF THIS COURT

                                   ---

APPELLANT/PETITIONER:

     OMANA,AGED 57 YEARS,W/O VENUGOPAL N.,MAILAMOOTTIL SREESAILAM,
     VENPALA P. O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN-689102.

BY ADVS.M/S. P.HARIDAS, BIJU HARIHARAN, SHIJIMOL M.MATHEW,

SHIJIN P.C. & RISHIKESH HARIDAS

RESPONDENTS/RESPONDENTS:

  1. THE PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD
     NO A-159.,THIRUVALLA, REPRESENTED BY ITS AUTHORIZED OFFICER,
     PIN-689101.
  2. THE SPECIAL SALE OFFICER,THE PRIMARY CO-OPERATIVE AGRICULTURAL&
     RURAL DEVELOPMENT BANK LTD. NO.A.159, THIRUVALLA, PIN-689101.
  3. N.VENUGOPAL,MODEL MECHANICS, RAFA POST, BOX NO.5098, BAHRAIN.

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to pass an order staying all coercive proceedings against the appellant
and her properties referred to in Ext.P3 auction notice.

     This Writ Appeal coming on for admission on 13.05.2022 upon perusing
the appeal memorandum, the court on the same day passed the following:

                                                                    P.T.O.
 EXT.P3:TRUE COPY OF THE NOTICE OF AUCTION ISSUED TO THE PETITIONER

BY THE 2ND RESPONDENT DATED 05/01/2021.
                        V.G.ARUN & P.G. AJITHKUMAR, JJ.
                 -----------------------------------------------------
                                W.A.No.583 of 2022
                ------------------------------------------------------
                      Dated this the 13th day of May, 2022


                                      ORDER

V.G.Arun, J.

Admit.

Issue notice to respondents 1 and 2 through speed post. Notice to the 3rd respondent dispensed with for the time being.

Post immediately after service of notice. Considering that the petitioner has already remitted an amount of Rs.10,24,680/-, coercive steps for realisation of the balance amount shall be kept in abeyance for one month. H/o.

Sd/-

V.G.ARUN, JUDGE Sd/-

P.G. AJITHKUMAR, JUDGE PV 13-05-2022 /True Copy/ Assistant Registrar